The President must abdicate to engage in affairs of lesser mortals - Havi

Law Society of Kenya (LSK) President Nelson Havi has asked the Court of Appeal to dismiss the Building Bridges Initiative appeal case.

Havi who is part of the Anti-BBI lawyers’ team was among those who made his submissions on Thursday, during the third day of the proceedings.

According to Havi, President Uhuru Kenyatta is a superior individual and cannot be directly involved in activities of ordinary people.

"The president, if he wants to engage in affairs of lesser mortals must abdicate. The president is not a mere mortal, but a superior. The president cannot make a direct appeal to the people & join them in petitioning Parliament," said Havi.

President Kenyatta on Wednesday told the seven-judge bench hearing the appeal that the High Court infringed on his individual rights when it denied him an opportunity to be heard.

Havi noted that the moment one becomes president, they are no longer a person but they become a state officer.

He added that the president upholds the constitution and protects it, but the BBI Bill will destroy the basic structure of the Constitution.

The LSK boss the BBI referendum creates a hybrid presidential and parliamentary system.

Other anti-BBI lawyers in the case have also insisted that for the Head of State to be involved in the constitutional amendment process, he needed to surrender his position first.

President Kenyatta, Raila Odinga, the Office of the Attorney General, and IEBC filed separate appeals contesting various parts of a High Court decision that termed BBI unconstitutional, null and void.

The appeal case is being heard by a seven-judge bench comprised of; Justice Daniel Musinga – Chairperson, Justice Patrick Kiage, Justice Francis Tuyoitt, Justice Fatuma Sichale, Justice Roselyne Nambuye, Justice Hannah Okwengu and Justice Gatembu Kairu.

Friday is the last day of submissions by parties to the case.